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Given the significant investment needed to gather the news, American journalism institutions have historically sought to protect their copyrights. The legal principle of fair use interplays with the ability of users to reshape portions of cultural products to make transformative works. As Large Language Models that empower Artificial Intelligence platforms can be built upon news artifacts, copyright considerations have, to date, evolved faster than legal and regulatory frameworks can respond. Examining public comments submitted to the U.S. Copyright Office in 2023, this study provides a historical snapshot of how copyright was conceptualized by American journalism institutions in the earliest era of AI adoption within newsrooms. This study finds that this set of journalism institutions largely endorsed licensing arrangements for the legal (re)use of journalistic works. At the same time, as viewed through the lens of metajournalistic discourse, the comments provided another public forum for journalism institutions to publicly debate and define the boundaries of the news profession itself. [ABSTRACT FROM AUTHOR]

Objective: The present research was conducted with the aim of examining and analyzing the role of preservation of works in Iranian libraries, and specifically, the National Library of Iran as an authority among Iranian libraries.Methodology: The current research is practical in terms of its purpose and was conducted with a qualitative research approach. The method of documentary analysis was suitable for the current research. Therefore, 36 selected national, academic, medical sciences, public and digital libraries inside and outside Iran were investigated and in some cases through e-mail and communication with libraries, the desired information received. Also, in data analysis, primary, secondary and classification coding has been used.Findings: The analysis of data from the research and open coding indicates that 116 primary codes, 188 conceptual codes, 227 categories and 5 classes were obtained. The analysis of data from the research and open coding indicates that 116 primary codes, 188 conceptual codes, 227 categories and 5 classes were obtained. The findings of the research show that the solutions and recommended policies of copyright in libraries can be classified into five classes. The moral and economic; non-profit use, license and agreement, fair use and violation of copyright are the most important in the development of copyright policy of printed and digital resources in libraries.Conclusion: The libraries can provide legal and authorized services to users by having a copyright policy and a legal framework. Also, libraries can use the solutions proposed in the current research, such as creating the "rights and access" field in library software, using permission to access certain resources, and using technical control measures. Copy and access to protect the intellectual rights of the owners of the works, use the form "copyright registration of works", create a copyright office/center and the like to provide proper services to the users and protect the rights of the creators. In addition, it is suggested to the legislators to prioritize the approval of the bill of literary and artistic property rights and related rights, which has been compiled since 2005. This bill has tried to resolve some of the ambiguities in The Iranian Law for the Protection of Authors, Composers and Artists Rights (1970), and to resolve some ambiguities related to libraries and its exceptions. Also, the ratification of the Marrakesh Treaty, which Iran has accepted since 2014, can take a small step in providing optimal services to the target users of the treaty. Because this is the only treaty that has paid attention to the access of the mentioned groups to the resources by considering the author's right.

In 2018, the University of Winnipeg Library introduced the Syllabus Service to improve the course reserves submission process. This initiative has allowed library staff to proactively support copyright in e-reserves and provided opportunities to improve accessibility for students. The service has also encouraged faculty and instructor use of course reserves by reducing the time and effort required to submit requests, and has eased the workload of reserves staff by leveraging the expertise of the Copyright Office. [ABSTRACT FROM AUTHOR]

Objective: The present research was conducted with the aim of examining and analyzing the role of preservation of works in Iranian libraries, and specifically, the National Library of Iran as an authority among Iranian libraries. Methodology: The current research is practical in terms of its purpose and was conducted with a qualitative research approach. The method of documentary analysis was suitable for the current research. Therefore, 36 selected national, academic, medical sciences, public and digital libraries inside and outside Iran were investigated and in some cases through e-mail and communication with libraries, the desired information received. Also, in data analysis, primary, secondary and classification coding has been used. Findings: The analysis of data from the research and open coding indicates that 116 primary codes, 188 conceptual codes, 227 categories and 5 classes were obtained. The analysis of data from the research and open coding indicates that 116 primary codes, 188 conceptual codes, 227 categories and 5 classes were obtained. The findings of the research show that the solutions and recommended policies of copyright in libraries can be classified into five classes. The moral and economic; non-profit use, license and agreement, fair use and violation of copyright are the most important in the development of copyright policy of printed and digital resources in libraries. Conclusion: The libraries can provide legal and authorized services to users by having a copyright policy and a legal framework. Also, libraries can use the solutions proposed in the current research, such as creating the "rights and access" field in library software, using permission to access certain resources, and using technical control measures. Copy and access to protect the intellectual rights of the owners of the works, use the form "copyright registration of works", create a copyright office/center and the like to provide proper services to the users and protect the rights of the creators. In addition, it is suggested to the legislators to prioritize the approval of the bill of literary and artistic property rights and related rights, which has been compiled since 2005. This bill has tried to resolve some of the ambiguities in The Iranian Law for the Protection of Authors, Composers and Artists Rights (1970), and to resolve some ambiguities related to libraries and its exceptions. Also, the ratification of the Marrakesh Treaty, which Iran has accepted since 2014, can take a small step in providing optimal services to the target users of the treaty. Because this is the only treaty that has paid attention to the access of the mentioned groups to the resources by considering the author's right. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Commercial & Intellectual Property Law (TFM) / Ticaret ve Fikri Mülkiyet Hukuku Dergisi is the property of Ankara Yildirim Beyazit University, Facult of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this interview, Nancy Sims, Director of Copyright & Scholarly Communication at the University of Minnesota Libraries, delves into current topics in copyright and scholarly communication including open access, fair use, and artificial intelligence (AI). Her assured and succinct answers reveal the ways visual resources professionals can thrive within the changing legal and cultural intellectual property landscape by employing "flexible mindsets." Sims acknowledges that the nuances within copyright law are difficult for humans to reckon with, but she finds hopeful paths forward even within the gray areas. We are all creators and users. Can that be our superpower as we advocate for equity and accessibility in our professional and personal lives? [ABSTRACT FROM AUTHOR]

The copyright dispute between the National Library and Beijing Sanmianxiang Company has brought the issue of digital distribution of out-of-print works in collection to the attention of the society. In order to protect copyright, reconcile the public interest and avoid disrupting the normal market operation mechanism, China's Regulations on the Protection of the Right of Communication Through Information Network stipulate a fair use system for the digital dissemination of out-of-print works in collection. From the perspective of implementation, the restrictions on the eligible objects and the scope of dissemination are too harsh, and there are problems such as violation of the requirement of equalization of basic public services and violation of the principle of balance of interests. In light of the useful reference in newly amended Japanese Copyright Law, it is advisable for China to adopt the following reform measures for the regulation of digital dissemination of out-of-print works in collections: first, to expand the scope of fair use and establish a dissemination system covering intra-library, inter-library and extra-library, and establish a matching compensation mechanism; second, to optimize the conditions for the application of objects and establish a dynamic recognition mechanism for out-of-print works third, to explore the establishment of a digital dissemination mechanism for out-of-print works with the National Library as the hub. [ABSTRACT FROM AUTHOR]

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The rapid proliferation of artificial intelligence (AI) technology, particularly the deployment of generative AI in the creation of short videos, has exposed the anachronistic and incomplete nature of the copyright limitations and exceptions (L&E) within the Copyright Law of China. The US jurisprudential approach, characterized by the four-factor fair use analysis and the doctrine of transformative use, has been embraced in China by courts as 'general legal principles'. These principles have been localized within the restrictive framework of the Berne Convention's three-step test. However, the application of these principles to China's burgeoning AI and AI-generated content industry, exemplified by the short video sector, reveals a complex landscape. The purposes behind the utilization of copyrighted works are multifaceted, and the intense rivalry between 'long' and 'short' videos that represent established and emerging giant Internet platform enterprises further muddies the waters in the application of the American 'purpose transformation' concept. A better alternative would be to seek guidance from the Copyright Law of Japan. By grounding decisions in pre-existing, enumerated copyright exceptions, systematically categorizing L&E scenarios, and delineating key considerations for various categories, the judiciary can be steered towards a more nuanced and equitable resolution of individual cases and strike a balance between the interest of copyright holders, Internet users, and the emerging Internet platform enterprises. [ABSTRACT FROM AUTHOR]

This article investigates the relationship between copyright and publicity right. These rights are connected in a place where the creators of literary and artistic works use the identity symbols of celebrities and especially their images to create their works. Here, the conflict between the two owners of moral rights shows itself. According to the fundamental principles of copyright or author's right, the work belongs to its creator. On the other hand, using a person's image without his consent can be considered an infringement of publicity right because of free riding and exploitation. Therefore, according to the standards raised in pioneering countries such as America, the right to publicity is recognized as an inherent right of a human being to prevent profiteering from identity signs and emphasize the right's economic aspect. The legal doctrines do not agree on the clash between these two rights and whether the reputation owner should be defended and prevented from violating his economic rights or take the side of the copyright holder. This has led to conflicting opinions and also verdicts in American law. Therefore, the primary question of this research is: In cases of interference between copyright and publicity right, who owns the exclusive rights and benefits of the creativity that have appeared? The current research aims to answer the above question with a descriptiveanalytical method and a library and comparative approach. For this purpose, an attempt has been made to clarify the concept of copyright and publicity right, the relationship between the two in terms of similarities and differences, and the interference of these two rights. Solving the conflict between this issue from different legal and judicial perspectives is another subject matter that is considered along with Iran's legal position. The fundamental belief is that if the owner of the publicity right exercises his rights and prevents the manifestation of his identity marks in the literary and artistic works of others, huge damages will be caused to the copyright holders, and consequently, the general public will suffer; This partiality means the opportunity loss to create new and derivative works based on adaptation for other artists and blocks the way of innovation in the future. If the rights of the copyright holder are overridden, the right of the person to benefit from the features of reputation and identity will be infringed. Therefore, in case of interference, a frontier should be found between these two conflicting interests and the rights of copyright creators and owners of publicity right must be considered. In American law, referring to the principle of "fair use" and expanding its dimensions to the publicity right is considered an important step in settling the claims of copyright owners and the right of publicity. In this regard, the four criteria of the nature of use, the nature of publicity right, Substantiality of the Misappropriation, and the effect of the use on the potential market the owner of publicity have been considered in explaining the boundary between commercial and noncommercial use. The article concludes that the dominance of these two different legal bodies does not mean that one has precedence over the other or that each one is nullified by the other. One should respect the author's creative activities and consider protecting the exclusive rights hidden in identity symbols and controlling their use. Therefore, one of the research achievements is that there is coexistence between two rights, and emphasizing each one does not mean excluding the other or reducing each territory against the other. In Iranian law, although the right to publicity has not been taken into consideration by the legislator and the judicial procedure is silent in any case, it is possible to achieve this conclusion with the inspiration of the solution adopted in leading countries and along with global developments, in the assumption that a creator exploits the celebrity's symbols in his work, the judge must make a decision and they can distinguish between commercial and non-commercial exploitation by referring to the principles of fair use and especially the criterion of the nature and context of use, and if they find free riding, consider the famous person entitled to receive compensation. In this way, the creation of a literary and artistic work from the image of a famous person without his consent is allowed if it is either taken in public places and according to the rights of citizenship, based on the right to freedom of expression and access to information, or the creator manifests the celebrity's image in a transformative way based on the derivative work, so that the famous person is regarded the secondary subject of that work. [ABSTRACT FROM AUTHOR]

Copyright of Private Law is the property of University of Tehran and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright: Best Practices for Academic Libraries provides valuable advice for librarians to navigate the complex world of copyright law in their profession. The book consists of twenty chapters, each written by experts, focusing on academic libraries and enhancing copyright literacy. One of the book's aims is to enable readers to become proficient in understanding the intricacies of copyright and take an active part in the ongoing conversations. [ABSTRACT FROM AUTHOR]

Many online media platforms currently utilise algorithmically driven content moderation to prevent copyright infringement. This article explores content moderation's effect on mashup music – a form of remix which relies primarily on the unauthorised combining of pre-existing, recognisable recordings. Drawing on interviews (n = 30) and an online survey (n = 92) with mashup producers, we show that content moderation affects producers' creative decisions and distribution strategies, and has a strong negative effect on their overall motivation to create mashups. The objections that producers hold to this state of affairs often strongly resonate with current copyright exceptions. However, we argue that these exceptions, which form a legal 'grey zone', are currently unsatisfactorily accommodated for by platforms. Platforms' political-economic power allows them, in effect, to 'occupy' and control this zone. Consequently, the practical efficacy of copyright law's exceptions in this setting is significantly reduced. [ABSTRACT FROM AUTHOR]

In this digital era, where digital information is available in various formats, Digital Right Management has emerged as a great technology used by content owners to safeguard their intellectual property digitally. Digital rights management restricts the use of copyrighted digital works from unauthorised access. Although Digital Right Management appears to protect writers' copyrights, it limits the copyright freedom of blind and visually impaired users who depend on accessibility features. The study aims to discuss and highlight the impact of Digital Right Management on the accessibility of libraries' electronic resources for BVI users. Furthermore, it discusses how complex Digital Rights Management violates the fair-use rights of BVI users by making it impossible for them to access electronic resources. This review article outlines the key research findings on Digital Right Management hindrances encountered by blind and visually impaired users in accessing electronic resources. The results root in the literature surveyed discloses that the majority of libraries throughout the world are falling behind in delivering efficient access to electronic resources for BVI users. Libraries have a variety of obstacles to the accessibility of electronic content, including Digital Right Management challenges, license constraints, website design limitations, accessibility issues, and compatibility issues with assistive software. To overcome some of these barriers, librarians should review the implications of Digital Right Management for accessibility. Moreover, librarians must be knowledgeable about the numerous forms of visual impairments, including these users in accessibility studies, and consider the assistive technology they use. The article will review the literature on the following topics: find out how accessible electronic resources in libraries are for blind or visually impaired users; identify existing accessibility challenges arising from Digital Right Management technologies that impede access to electronic resources by blind or visually impaired users, and identify the challenges that they are facing. [ABSTRACT FROM AUTHOR]

In China, The exploration of rules governing the fair use of personal information began with commercial innovation, progressed through judicial practice, and was eventually expressed in law, as it is a necessary requirement of the nature of information flow and social attributes. However, due to the legal constraints of the “personal attribute” of personal information, there is no consistent definition of the legal nature of fair use behavior of information, and case judgments also face difficulties in determining the reasonableness of information processing behavior. These issues involve the normative construction of fair use of personal information, which has been studied by Chinese scholars, but has not been deeply explored in specific contexts. This article starts with the legal theory transformation of information regulation in the data society, attempting to clarify the legal nature of fair use of personal information, summarize the factors for determining fair use, and explore the judicial application logic of reasonableness in specific contexts. Based on Chinese judicial practice and comparative law experience, fair use of personal information can be defined as another legitimate basis for information processing outside the “informed consent” principle. Unlike the nature of “exclusion of liability” and “restrictions on rights”, fair use under the concept of data sharing should be defined as a basic competence of personal information, which can be based on the maintenance of public interests and protection of individual rights, and does not exclude reasonable commercial use. Fair use of personal information should satisfy three elements: reasonable purpose, reasonable method, and no unreasonable harm to the information subject. Using commercial fair use, which is frequently disputed in practice, as an example, based on considerations of economic benefits and institutional evolution, the processing of personal information by commercial subjects is legitimate. However, due to the personal attribute of the information, the processing behavior in this context should be subject to the limits of low sensitivity of the information and strict disclosure management obligations of the merchants, and the reasonableness of the behavior should be determined based on the nature of the specific behavior, with the inherent nature of the information being secondary. This paper contributes to the existing literatures in two aspects: first, based on the demands of ordered sharing of personal information, it explores the legitimacy of fair use from the perspective of information processors, defines fair use of personal information as a “basic competence,” and better leverages the value of information property. Second, in addition to “reasonable purpose” and “reasonable method,” this article includes “no unreasonable harm to the information subject” as a factor in determining the reasonableness of processing behavior. At the same time, based on practice, it explains the legitimate basis and steps, elements for determining the reasonableness of commercial fair use in specific scenarios, and proposes security management obligations for commercial subjects. Our research starts from the perspective of information processors, to some extent, defining the boundary of information processing behavior, which helps commercial subjects conduct data business in an orderly manner and avoid this rule becoming a legal tool for information control subjects to avoid responsibility. It is also hoped that it can provide rules and logic for determining the behavior of “fair use” of personal information in judicial practice. [ABSTRACT FROM AUTHOR]

This article will look at the recent Hachette decision against the Internet Archive, analyzing how the court's reliance on past authorities with insufficient context distorted their meanings. It will focus only on the controlled digital lending (CDL) aspect, not discussing the other claims in the suit or exploring the specific implementation of CDL by the Internet Archive (IA). Since CDL programs can vary widely, IA is better situated than others to identify missing context related to the analysis of the unique components of their efforts. And other libraries engaging in CDL should be able to easily see where their programs differ from the judge's description of IA's. For that reason, the analysis below only delves into the language that might be used to chill all CDL programs or innovation more generally. [ABSTRACT FROM AUTHOR]

During (and after) the lockdowns of the Covid-19 pandemic, educational communities have employed distance education to reach their students. However, not all districts are aware of the legal requirements of using instructional materials in a virtual setting. In recognition of the growth of virtual learning environments, Congress passed the Technology, Education and Copyright Harmonization (TEACH) Act in 2002 with the goal of redefining the circumstances and rules under which nonprofit and educational institutions might digitally use copyright protected materials. For districts exploring or expanding opportunities in distance education, understanding the laws that pertain to the use of digital, copyrighted materials is of critical importance. This article explores and explains these requirements for policymakers, site and district leadership, and classroom instructors. [ABSTRACT FROM AUTHOR]

The American Association of School Librarians (AASL) has offered a multi-layered approach to serving our schools with the National School Library Standards for Learners, School Librarians, and School Libraries. This column explores Shared Foundation VI: Engage, and considers the importance of learner engagement. [ABSTRACT FROM AUTHOR]

This article reviews selected copyright policy and legislation at the international, regional and national levels during the period 2011–2021. It identifies a common and consistent narrative that supported reform initiatives in the surveyed jurisdictions: the modernization of copyright requires greater flexibility so that the undertaking of certain acts without authorization is not unduly restricted and a fairer balance of rights and interests may be, as a result, achieved. Through the analysis of reform initiatives in different areas of copyright and across several different jurisdictions, it is shown how the flexibility narrative has on occasion had the effect of unduly altering the preventive nature of copyright's exclusive rights, inappropriately referring to exceptions and limitations as rights of users, overlooking relevant legal obligations and introducing undue rigidity within the system of private autonomy. It is ultimately submitted that flexibility should not be conflated with fairness. As such, policy- and law-makers should be wary of superficially framing ongoing and future reform discourse around such a narrative without considering the shortcomings that it has led and might unduly lead to. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Journal of Intellectual Property Law / Revista Română de Dreptul Proprietăţii Intelectuale is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The South African Copyright Amendment Bill of 2017 was passed in 2022. In justifying the weakening of copyright protections with regard to the educational arena, the Bill's proponents have largely applied rhetorical discourses published in the popular media, also aggressively propagated at their public meetings. In contrast, the publishing industry has generated many hundreds of pages of economic impact studies supported by detailed legal arguments with reference to global treaties. My analysis assesses the different positions taken by the pro-Bill lobby, ReCreate, in comparison to the Copyright Coalition that questions the importation of an American fair use doctrine. The potential implications of the Bill for South African authors and artists operating in the educational environment are described. Since the object of study has been a moving target, and still was at the time of submission of this article, the conclusions that arise out of the ongoing debates are tentative - but prescient for the current conjuncture. The analysis relies on cross-referencing stakeholder submissions, newspaper articles and statements made by all parties to the discussion. In addition, a number of rejoinders were invited, which are published below. The study reveals the stark contradictions within emerging state policy relating to the creative industries in an era when information has economic value. My conclusions are that: a) a significant portion of the state publishing incentive that currently finances research activities would be in the parallel context of open access rerouted to meet publication charges, were the Bill to be enacted in its current form; and b) the effects might witness: i) a swing away from the publication of homegrown textbooks in favour of copyright-protected expensive imports; with clear implications for the ii) de-colonisation of content; iii) a reluctance of international firms to collaborate with South African publishers; and iv) a significant contraction of the South African publishing industry. And c) while the Creative Industries Masterplan piloted by the Department of Small Business Development (DSBD) aims to protect intellectual property rights, the Bill will undermine such rights. [ABSTRACT FROM AUTHOR]

The Covid-19 pandemic has resulted in more people doing activities from home, so almost all activities are carried out online, including for educational activities. The problems on this research are how the comparison between fair use regulations in Indonesia and in the United States during the pre-Covid-19 pandemic? How the regulations of the doctrine of fair use to anticipate the occurrence of a new phenomenon regarding the use of copyright on digital platforms during and/or after the Covid-19 pandemic? The method used in writing this law is a normative juridical method. The results of the study conclude that Fair use rules in Indonesia already regulate that fair use will not harm the legitimate interests of creators but does not provide clear parameters regarding fair interests. While the Fair use Arrangements in the United States are regulated in 17 U.S. Code 107. In this regulation, there are 4 factors, namely: the purpose and character of the use, the nature of the copyrighted work, the quantity and importance of the material used, the effect of the use upon potential market or value of the copyrighted work. The Covid-19 pandemic gave rise to fair use cases that had never occurred before the outbreak of Covid-19, e.g. the case of The Internet Archive, it can be observed that there is an encouragement from the public to further relax copyright protection because of the Covid-19 pandemic resulting in the public interest having to be carried out rather than the creators and copyright holders.

In the tradition of legal writing about landmark intellectual property cases, this paper provides an in-depth case study and analysis of an important copyright conflict during the COVID-19 crisis. The Internet Archive established the National Emergency Library to provide for access to knowledge for those who were unable to access their usual libraries, schools, and educational institutions. In response, four large publishers have brought a copyright lawsuit against the Internet Archive, alleging both direct copyright infringement, as well as secondary copyright infringement. The Authors Guild has supported this action. Fearful of litigation, the Internet Archive has decided to close the National Emergency Library earlier than it anticipated. The litigation raises a range of issues in respect of copyright infringement, the defence of fair use, library exceptions, digital lending, and intermediary liability. The conflict also raises questions about the operation of the first sale doctrine in the digital era. There are also divided views as to what, if any, remedies are appropriate in the case over the Internet Archive and the National Emergency Library. It is argued that there needs to better mechanisms under copyright law to enable access to knowledge in a public health crisis—such as the coronavirus outbreak. This case study makes a significant contribution to our understanding of the relationship between authors, publishers, and libraries in the digital age. It also provides an insight into copyright litigation—in particular, the role of amicus curiae submissions, and the nature and scope of copyright exceptions. This paper also raises larger considerations about the intersection of copyright law with larger concerns about access to knowledge, competition policy, and public health emergencies. [ABSTRACT FROM AUTHOR]

The paper examines the open access movement and its principles concerning creative outputs and related access opportunities, considering copyright protection. The international and ongoing integration of open access practise has brought about a reconsideration of foundational principles of copyright law. The paper's discussion considers the three-step test legal edifice, which is deeply rooted in international copyright law, and argues that its importance and application is of paramount importance regarding potential revisions of copyright law that would need to introduce open access provisions. [ABSTRACT FROM AUTHOR]

Patient-preferred music is often copyrighted music; prior research, however, has paid scant attention to music therapists' understanding and use of copyrighted music. To fill a gap in the literature, this exploratory study sought to understand music therapists' experiences and perceptions about permissible therapeutic uses of copyrighted music. Semi-structured interviews were conducted with 18 board-certified music therapists working in the United States. Collectively, these participants had over 300 years of professional experience. The interview transcripts were analyzed using an inductive approach to thematic analysis. Five main themes were identified: (1) copyright concerns created a complex psychological burden; (2) therapeutic needs warranted use of copyrighted music; (3) perceptions varied on permissible therapeutic practices using copyrighted music; (4) varied sources informed an understanding of copyright law; and (5) copyright clarity was needed to reduce the psychological burden. These themes suggest that psychological stress was produced by copyright uncertainty coupled with attempts by participants to satisfy diverse interests and protect multiple stakeholders, including patients, employers, their profession, and the law. Our findings suggest that a lack of clarity about permissible uses of copyrighted music can complicate music therapists' decision-making about appropriate therapeutic interventions. Clarity on permissible therapeutic uses of music could yield benefits for music therapists, patients, and the community. [ABSTRACT FROM AUTHOR]

Copyright of Latin American Law Review is the property of Universidad de los Andes and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article refers to various intertextual strategies in the field of electronic music and their legal categorization. The main part of the article is devoted to the problem of sampling, widely discussed in the literature and jurisprudence. Possible legal qualifications are discussed, as well as controversies related to the different scope of protection of works, artistic performances, and phonograms. The article also refers to other phenomena in the electronic field, including reedit, remix, or mash-up. In the summary, the general rules for making a legal assessment of musical borrowing strategies, interpretative guidelines in relation to a musical quotation, as well as de lege ferenda postulates are outlined. [ABSTRACT FROM AUTHOR]

Copyright of Zeszyty Prawnicze Biuro Analiz Sejmowej is the property of Kancelaria Sejmu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The prevailing dynamics of today’s global scholarly publishing ecosystem were largely established by UK and US publishing interests in the years immediately after the Second World War. With a central role played by publisher Robert Maxwell, the two nations that emerged victorious from the war were able to dilute the power of German-language academic publishing—dominant before the war—and bring English-language scholarship, and in particular English-language journals, to the fore. Driven by intertwined nationalist, commercial, and technological ambitions, English-language academic journals and impact metrics gained preeminence through narratives grounded in ideas of “global” reach and values of “excellence”—while “local” scholarly publishing in sub-Saharan Africa, as in much of the developing world, was marginalised. These dynamics established in the post-war era still largely hold true today, and need to be dismantled in the interests of more equitable global scholarship and socio-economic development.

Over the past five decades, hip hop has become a widely celebrated genre of music, yet misconceptions still exist surrounding the hip hop community’s norm of sampling. This paper explores the origins of hip hop and the concept of sampling that is central to the genre. Sampling can be conceptualized as an eight-pronged framework involving three types of wholesale appropriation, three types related to lyrical quotation, and two types related to the variety of music or beats. Each type is discussed, and some examples are given. Following this overview, the ethics of sampling is explored via the context of the origins of copyright in the United States, which, some consider, to be a sampling of the first copyright law from Great Britain, the Statute of Anne. Historic litigation against hip hop artists is also discussed, as well as how these specific cases changed the attitude of record labels and their willingness to allow their artists to sample from outside the genre. The paper culminates with a discussion on various sampling norms within various communities and how they can be viewed as potential ways to revitalize U. S. copyright law.

Seiring dengan perkembangan teknologi, tindakan cover lagu banyak dilakukan oleh pengguna sosial media. Pada dasarnya cover lagu merupakan kegiatan mempertunjukan versi lain dari lagu oleh pihak selain pencipta atau pemegang Hak Cipta. Terhadap hal ini muncul pertanyaan, apakah tindakan cover lagu ini merupakan pelanggaran Hak Cipta. Disisi lain terdapat konsep fair use dalam Hak Cipta yang perlu diungkapkan khususnya terkait cover lagu. Lebih lanjut juga dipertanyakan apakah prinsip fair use tersebut dapat diaplikasikan pada tindakan cover lagu. Penelitian ini hendak mempertahankan argumen bahwa cover lagu di media sosial tidak melanggar Hak Cipta sepanjang memenuhi prisip fair use yang terdapat dalam Pasal 43 huruf d Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta, yaitu bersifat tidak komersial, menguntungkan pencipta, dan pencipta tidak keberatan atas kegiatan cover lagu di media social. Artikel ini merupakan penelitian hukum yang menggunakan pendekatan perundang-undangan, pendekatan teoritik, dan pendekatan perbandingan. Konsisten dengan thesis yang dipertahankan, artikel ini menyimpulkan bahwa cover lagu berpotensi melanggar Hak Cipta; prinsip fair use merupakan pembatasan dalam kepemilikian Hak Cipta; Pasal 43 huruf d dapat diaplikasikan untuk tindakan cover lagu, sehingga tindakan cover lagu di media sosial dapat dibenarkan berdasarkan prinsip fair use.

Empirical studies show that courts frequently cite cases that the parties did not cite during briefing and oral arguments--endogenous cases. This Article shows the cognitive and rational dangers of endogenous cases and presents an empirical study of their use. I contend that judges should avoid using endogenous cases in their reasoning and opinions. This Article's first significant contribution is to provide the first exhaustive treatment in the American legal literature of the rational bases upon which defeasible legal deductions and legal analogies may be built and the critical questions or defeaters that can weaken or bring them down. As far as we know, Aristotle was the first Westerner to formalize logic, about 2,500 years ago. He recognized immediately, however, that the valid deductive forms of reasoning he described do not take us far in reasoning about human affairs. Contemporary law scholars nevertheless talk about rule-based and deductive reasoning as if it exists in the law. But all legal arguments, even apparently deductive ones, are subject to defeat by counterargument--they are defeasible. This Article shows that legal analogies are in a sense more defeasible, and thus more complex, than legal deductions, and it suggests that legal policy arguments are more defeasible still. But what happens when judges build these arguments around cases that the parties have not cited--endogenous cases? Studies suggest that judges do so about half the time. The theory of defeasible arguments suggests judges should be reluctant to do so, and they should be most reluctant to do so with legal analogies and policy arguments. But until now, no study has examined how judges use endogenous cases. This Article's second significant contribution is an empirical study of cases judges cited in a random sample of federal district court opinions, identifying where they found them and how they used them. It also identifies a hierarchy of badness among endogenous case uses, warning judges away from the most dangerous. It concludes that judges should avoid endogenous cases or, at a minimum, permit the parties to argue the cases before their application. Though the opinions studied here were from federal trial courts, the principles extend to any tribunal that uses opinions from previous cases to guide its decision-making. [ABSTRACT FROM AUTHOR]

The present reflection shows that access to scientific knowledge is a necessity for economic and social development. However, it is hampered by the commercialization of scientific production and the strict application of copyright. In the Colombian context, the absence of legal notions equivalent to "fair use" or "fair treatment" creates a gap between the normative level and the sharing practices of users, particularly of students. The article analyzes how the case of Diego Gomez, a student sued for sharing a master's thesis, illustrates the tension between copyright and social needs for access to knowledge. Based on an analysis of the evolution of the legal case, on the #SharingIsNotACrime campaign, and on interviews with key actors, it explores the possibility of framing practices within a vision inspired by fair use. In conclusion, it's necessary to make legal adaptions that promote free access to scientific knowledge in academic environments. [ABSTRACT FROM AUTHOR]

The U.S. Copyright Claims Board (CCB), created in 2020 by the Copyright Alternative in Small-Claims Enforcement Act, creates a nonjudicial administrative venue to resolve copyright infringement claims up to $30,000. Supporters claim it will help "little guy" creators protect their work. Detractors claim that it will increase corporate intimidation and copyright trolling. We surveyed communication and Internet scholars to assess appetite for risk when challenged for an appropriate fair use and legally permitted reuse of copyrighted material. We found that the CCB does not serve its stated purpose because of scholars' fear of legal entanglements. Nor will it offer scholars a way to protect copyrighted work because well-informed defendants are most likely to opt out of the venue. We believe the actions of the nascent CCB deserve scrutiny from communication and Internet scholars particularly because the Copyright Office must report to Congress on its effectiveness after three years. [ABSTRACT FROM AUTHOR]

This article maps patterns of interest in key terms associated with copyright and online culture in the US context. Using exploratory factor analysis of data from Google Trends, authors examined patterns in keyword searches between 2004 and 2019. The data show three distinct periods of interest. The first period consists of utopian, cause-driven search terms; the second marks a rise and eventual decline in creatively motivated, maker-fueled searches; and the third is characterized by rising utilitarian and institutional interest in accessible copyrighted material. These data show empirically that the public curiosity about alternatives to strict copyright have changed during the study period. Earlier, more idealistic movements contrast with later, more practical approaches. [ABSTRACT FROM AUTHOR]

This paper aims to shed light on the question of whether musical appropriation is ethically unobjectionable. James Young (2021) has recently advanced a position on this topic, according to which, whereas the appropriation of a whole work is uncontroversially nonpermissible, the appropriation of parts of a work is usually permissible. He grounds this view in ontological matters and in a criterion of fair use in terms of economic harm to the source work's composer. I argue that, pace Young, we cannot make general ethical claims about musical appropriation because their truth is sensitive to the musical genres that the involved works belong to. First, I clarify the scope of musical appropriation by means of considerations on musical practices and ontology. This will reveal that versions and covers are not genuine cases of musical appropriation. In a second step, I consider a specific kind of musical appropriation: using the first measures of a source work as the first measures of a secondary work. I show that, even if we assume Young's ontological framework and his criterion on fair use, the instances of this kind of musical appropriation count as fair or unfair depending on the musical genres of the involved works due to their normative implications for the composition and appreciation of those works. [ABSTRACT FROM AUTHOR]

This paper is focused on openness movement and the principles that said movement declared regarding the use of works set under copyright protection to enable for open access works. The three-step-test legal edifice is deeply rooted in international copyright law; its meaning and application is of vital importance for any consideration of amending copyright law with the aim to include provisions for openness. Unless a provision for openness passes the three-step-test there can be no sustainable amendment of copyright law in favour of openness. [ABSTRACT FROM AUTHOR]

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Many countries have restrictive copyright laws that prevent the reproduction of published works in accessible formats. In addition, these countries limit any fair use provisions to people with blindness, which excludes a variety of other print disabilities. In 2013, delegates from the World Intellectual Property Organization agreed to the Marrakesh Treaty, which has now been ratified by 79 countries. The Marrakesh Treaty focuses on expanding fair use exceptions in copyright law for reproducing works in accessible formats. Countries that ratify the Marrakesh Treaty agree to expand qualified individuals to include people with different kinds of reading disabilities. Countries that have ratified the treaty can also import or export accessible books. However, the treaty does not pressure countries to create inclusive policies for people with disabilities. Publishers are not affected by the Marrakesh Treaty and are allowed to continue producing their books in inaccessible formats. This paper explores the benefits and pitfalls of the Marrakesh Treaty and how the problem of inaccessible published works might be solved in the future. [ABSTRACT FROM AUTHOR]

Background: Music therapy is a multifaceted discipline that harnesses the power of music to treat a wide range of patient populations. A therapist who plays music in a private room for a patient is not subject to copyright restrictions on public performances. However, in the wake of the COVID-19 pandemic, music therapy is no longer strictly confined to the face-to-face setting. This study explores music therapists' perceptions of copyright law with respect to their ability to provide mediated services to their clients. Objective: The objectives of our study were two-fold. The first was to investigate whether concerns about copyright law are hampering the diffusion of telehealth innovations, and the second was whether these concerns are causing music therapists to avoid therapeutically beneficial telehealth interventions. Methods: Semistructured interviews were conducted with credentialed music therapists (n=18) in the United States between May 2020 and June 2020. With participants' consent, we used video conference technology to record and transcribe the in-depth interviews. The median interview length was 45 (SD 16.37) minutes. This theoretically informed study employed thematic analysis of the interview data. Results: The COVID-19 pandemic accelerated the adoption of telehealth interventions to facilitate therapy outside of private face-to-face environments: environments where music therapy practices are largely shielded from copyright infringement concerns. Five main themes emerged, including therapists' uncertainty about permissible uses of music and therapists' erring on the side of caution causing lost opportunities for care. Our interview data suggest music therapists have altered telehealth interventions in suboptimal ways to avoid copyright liability in a physically distanced environment. Conclusions: Some music therapists "drag their feet" on offering therapeutically appropriate telehealth services to clients because of copyright concerns. Our findings suggest innovative mediated therapies were shied away from or abandoned. These findings offer a novel contribution to the public health literature by highlighting copyright law as an unexpected and unwelcome barrier to the diffusion of music therapy practices in technology-mediated settings. [ABSTRACT FROM AUTHOR]

Abstract This article highlights the importance of an analysis of copyright law from a human development perspective. Drawing on Amartya Sen and Martha Nussbaum’s Capabilities Approach, it outlines why copyright scholarship and policymaking should address human capabilities. It also explores several vital questions that a human development approach to copyright raises, including questions about the distributional effects of copyright law. It examines Mary Sue fan fiction through the lens of the Capabilities Approach to illustrate how the approach differs from the standard utilitarian approach to copyright. Furthermore, it argues that several factors associated with a country’s level of development, particularly its social, economic, and institutional contexts, affect the relationship between copyright and human capabilities. Therefore, rather than making broad generalizations about whether or not copyright law is good or bad for human development, it concludes that aspects of copyright law can enhance human development in the presence of certain other factors (such as strong indigenous industries and institutions). Conversely, aspects of copyright law can have a significant negative impact on human capabilities in certain environments, such as a weak institutional environment, or a socio-economic environment that is fraught with inequality. To illustrate this point, the article examines the issue of piracy through the lens of the Capabilities Approach.

In the tradition of legal writing about landmark intellectual property cases, this paper provides an in-depth case study and analysis of an important copyright conflict during the COVID-19 crisis. The Internet Archive established the National Emergency Library to provide for access to knowledge for those who were unable to access their usual libraries, schools, and educational institutions. In response, four large publishers have brought a copyright lawsuit against the Internet Archive, alleging both direct copyright infringement, as well as secondary copyright infringement. The Authors Guild has supported this action. Fearful of litigation, the Internet Archive has decided to close the National Emergency Library earlier than it anticipated. The litigation raises a range of issues in respect of copyright infringement, the defence of fair use, library exceptions, digital lending, and intermediary liability. The conflict also raises questions about the operation of the first sale doctrine in the digital era. There are also divided views as to what, if any, remedies are appropriate in the case over the Internet Archive and the National Emergency Library. It is argued that there needs to better mechanisms under copyright law to enable access to knowledge in a public health crisis—such as the coronavirus outbreak. This case study makes a significant contribution to our understanding of the relationship between authors, publishers, and libraries in the digital age. It also provides an insight into copyright litigation—in particular, the role of amicus curiae submissions, and the nature and scope of copyright exceptions. This paper also raises larger considerations about the intersection of copyright law with larger concerns about access to knowledge, competition policy, and public health emergencies.

The purpose of the study was to establish the perceptions of librarians on the usefulness of digital rights management systems in digital libraries as mechanisms of securing digital content from copyright violation in order to assess the general usefulness of the DRM technology. The study used Strathmore University library and Moi University Nairobi Campus library as the case studies. A Census was carried out because the population under study was small with a total of 34 respondents. Both descriptive and inferential statistics were employed in this study. Data analysis was done using statistical package for social sciences (SPSS) and the findings presented in form of tables and figures for easy interpretation and understanding. The study established that there exists a positive correlation between the awareness of DRM systems and the use of digital content in Libraries. The study also established that DRM systems limit fair use of information. The respondents felt that DRM systems prevent fair use such as sharing articles and other information from e-resources with colleagues and that it also bars fair use of information since it forces users to access material in small chunks. Finally, the study established some e-books & e-journals are easily downloadable by unauthorized users’ despite being locked with DRM technology. The study will benefit the government agencies in charge of copyright and Digital media such as Copyright Society of Kenya in that it will be able to amend and/or create policies that will embrace DRM technologies and discourage copyright infringement in digital libraries. This is because the research outlines the benefits, challenges & loopholes of DRM technologies usage and further gives recommendations on the measures to counter the challenges. [ABSTRACT FROM AUTHOR]